| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 129/03 |
| Hearing date | 10 Sep 2002 - 15 Nov 2002 (2 days) |
| Determination date | 05 May 2003 |
| Member | Y S Oldfield |
| Representation | PTR Heaslip (In person) ; P Murphy, A Gaine |
| Location | Auckland |
| Parties | Heaslip v Hirangi Primary School Board of Trustees & Anor |
| Other Parties | Ministry of Education, The Secretary for Education |
| Summary | UNJUSTIFIED DISMISSAL - Constructive dismissal - Unilateral reduction in wages - Alleged refusal to renew teacher registration - Registered as secondary school teacher - Moved to position as primary teacher with respondent - Never obtained diploma of teaching - Requirement waived due to recognition of equivalent experience during secondary school teaching - Primary teaching required diploma of teaching - Wages unilaterally reduced to absence of diploma - Principal requested proof of qualifications or exemption before agreed to re-register - Request not unreasonable - Applicant never returned from sick leave - Applicant's ill-health caused resignation - No constructive dismissal - Unilateral wage reduction better dealt with as disadvantage - UNJUSTIFIED DISADVANTAGE - Unilateral reduction of wages unjustified - No investigation of situation - Collective agreement stated applicant only had to be registered - Disadvantage established - BREACH OF CONTRACT - Counterclaim - Alleged overpayment of wages - Alleged misrepresentation as to qualifications - Alleged mutual mistake under Contractual Mistakes Act 1977 - No mutual mistake - No misrepresentation - Applicant entitled to wages - No breach of contract |
| Result | Application dismissed (Unjustified dismissal & Breach of contract) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($10,000) ; Costs reserved |
| Statutes | Contractual Mistakes Act 1977 s6;Contractual Remedies Act 1979 s6;Education Act 1989 s90;Education Act 1989 s91F;Education Act 1989 s91H;State Sector Act 1988 s74(3) |
| Number of Pages | 23 |
| PDF File Link: | aa 129_03.pdf [pdf 80 KB] |